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be usual and necessary for the duly exercising of their functions, in respect also of the deserters from the vessels, whether public or private, of their countries.
The contracting parties agree to consider and treat as vessels of the United States and of the Netherlands all such as, being What shall be confurnished by the competent authority with a passport or sidered national vessea-letter, shall, under the then existing laws and regula
tions, be recognized as national vessels by the country to which they respectively belong.
In case of shipwreck or damage at sea, each party shall grant to the vessels, whether public or private, of the other, the same Assistance to shipassistance and protection which would be afforded to its own wrecked vessels, &c. vessels in like cases.
The present treaty shall be in force for the term of ten years, commencing six weeks after the exchange of the ratifications; Duration of the and further until the end of twelve months after either of treats. the contracting parties shall have given to the other notice of its intention to terminate the same: each of the contracting parties reserving to itself the right of giving such notice to the other, after the expiration of the said term of ten years. And it is hereby mutually agreed that in case of such notice this treaty, and all the provisions thereof, shall, at the end of the said twelve months, altogether cease and determine.
The present treaty shall be ratified, and the ratifications Ratifications to be shall be exchanged at Washington, within six months of its exchanged within six date, or sooner if practicable.
In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done in duplicate at the city of Washington, this nineteenth day of January, in the year of our Lord one thousand eight hundred and thirty-nine.
SUPPLEMENTAL CONVENTION TO TREATY OF JANUARY 19, 1839, WITH THE NETHERLANDS: CONCLUDED AUGUST 26, 1852; RATIFICATIONS EXCHANGED FEBRUARY 25, 1853; PROCLAIMED FEBRUARY 26, 1853. The United States of America and His Majesty the King of the Netherlands, being desirous of placing the commerce of the two countries on a footing of greater mutual equality, have appointed as their Plenipotentiaries for that purpose, that is to say:
The President of the United States of America, Daniel Webster,
Secretary of State of the United States; and His Majesty Negotiators. the King of the Netherlands, François Mathieu Wenceslas Baron Testa, Commander of the Royal Grand Ducal Order of the Crown of Oak of Luxembourg, Knight of the Royal Order of the Lion of the Netherlands, and of the Grand Ducal Order of the White Falcon, third class, Counsellor of Legation, and His Majesty's Chargé d'Affaires to the Government of the United States of America;
Who, after having communicated to each other their respective pow ers, found in good and due form, have agreed that, for and in lieu of the first and second articles of the treaty of commerce and navigation, signed at Washington on the 19th of January, 1839, between the high contracting parties, the following articles shall be substituted:
Provisions respecting duties.
Goods and merchandise, whatever their origin may be, imported into or exported from the ports of the United States from and to any other country, in vessels of the Netherlands, shall pay no higher or other duties than shall be levied on the like goods and merchandise imported or exported in national vessels. Reciprocally, goods and merchandise, whatever their origin may be, imported into or exported from the ports of the Netherlands from and to any other country, in vessels of the United States, shall pay no higher or other duties than shall be levied on the like goods and merchandise imported or exported in national vessels.
The bounties, drawbacks, and other privileges of this nature which Bounties, draw. may be granted in the States of either of the contracting parties, on goods imported or exported in national vessels, shall also and in like manner be granted on goods imported or exported in vessels of the other country.
Reciprocity to extend to colonies.
The above reciprocal equality in relation to the flags of the two countries is understood to extend also to the ports of the colonies and dominions of the Netherlands beyond the seas, in which goods and merchandise, whatever their origin may be, imported or . exported from and to any other country in vessels of the United States, shall pay no higher or other duties than shall be levied on the like goods and merchandise imported or exported from and to the same places in vessels of the Netherlands. The bounties, drawbacks, or other privileges of similar denomination which may be there granted on goods and merchandise imported or exported in vessels of the Netherlands shall also, and in like manner, be granted on goods and merchandise imported or exported in vessels of the United States.
Neither party shall impose upon the vessels of the other, whether Tonnage, &c., du- carrying cargoes or arriving in ballast from either of the two countries, or any other country, any duties of tonnage, harbor dues, light-house, salvage, pilotage, quarantine, or port charges of any kind or denomination, which shall not be imposed in like cases on national vessels.
The present arrangement does not extend to the coasting trade and fish
eries of the two countries respectively, which are exclusively Coasting trade and allowed to national vessels: it being moreover understood fisheries excepted. that, in the East Indian Archipelago of the Netherlands, Their disposition. the trade from island to island is considered as coasting trade, and likewise in the United States, the trade between their ports on the Atlantic and their ports on the Pacific; and if, at any time, either the Netherlands or the United States shall allow to any other nation the whole or any part of the said coasting trade, the same trade shall be. allowed on the same footing and to the same extent to the other party. It being, however, expressly understood and agreed that nothing in this article shall prevent the vessels of either nation from entering and landing a portion of their inward cargoes at one port of the other nation, and then proceeding to any other port or ports of the same, to enter and land the remainder, nor from preventing them in like manner from loading a portion of their outward cargoes at one port and proceeding to another port or ports to complete their lading, such landing or lading to be done under the same rules and regulations as the two governments may respectively establish for their national vessels in like cases.
Discriminating duties in favor of cer tain trade may be im
The above reciprocal equality in relation to the flags of the two countries is not understood to prevent the Government of the Netherlands from levying discriminating duties of import or export in favor of the direct trade between Holland and posed. her colonies and dominions beyond the seas; but American vessels engaged in such direct commerce shall be entitled to all the privileges and immunities, whether as regards import or export duties, or otherwise, that are or may be enjoyed by vessels under the Dutch flag. Likewise, the United States shall continue to levy the discriminating duties imposed by the present tariff on teas and coffee, in favor of the direct importation of these articles from the place of their growth, but also without discriminating between the flags of the two countries. And if, at any time, the Netherlands or the United States shall abolish the said discriminating duties, it is understood that the same shall be in like manner abolished in relation to the commerce of the other country.
additional that of
years, and until no
The present convention shall be considered as additional to the above-mentioned treaty of the 19th of January, 1839, and This treaty to be shall, altogether, with the unmodified articles of that treaty, 189, to th be in force for the term of two years, commencing six weeks and to continue two after the exchange of the ratifications; and further, until tice, &c. the end of twelve months after either of the contracting Twelve months af parties shall have given to the other notice of its intention ter, on such notice, to terminate the same, each of the contracting parties re- cease. serving to itself the right of giving such notice to the other, after the expiration of the said term of two years. And it is hereby mutually agreed that, in case of such notice, this convention, and all the provisions thereof, as well as the said treaty of 19th January, 1839, and the provisions thereof, shall, at the end of the said twelve months, altogether cease and détermine.
The present convention shall be ratified, and the ratifications shall
be exchanged at Washington within six months of its date, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done in duplicate at the city of Washington, this twenty-sixth day of August, in the year of our Lord one thousand eight hundred and fifty-two.
CONVENTION WITH THE NETHERLANDS RESPECTING CONSULS OF THE UNITED STATES IN DUTCH COLONIES. CONCLUDED JANUARY 22, 1855; RATIFICATIONS EXCHANGED MAY 25, 1855; PROCLAIMED MAY 26, 1855. His Majesty the King of the Netherlands, wishing to strengthen the bonds of friendship subsisting between the United States of America and the Kingdom of the Netherlands, and to give the amplest possible development to the commercial intercourse so happily established between the two nations, has, for the accomplishment of that purpose, and in order to satisfy a desire repeatedly expressed by the Government of the United States, consented to receive Consuls from said States in the principal ports of the Dutch colonies, with the reservation, however, of making this concession the subject of a special convention, which shall determine, in a clear and precise manner, the rights, duties, and privileges of said Consuls in the colonies abové mentioned.
Accordingly, the President of the United States has named August Belmont, a citizen of the United States, and their Minister Negotiators. Resident near His Majesty the King of the Netherlands; His Majesty the King of the Netherlands, the Sieur Floris Adriaan Van Hall, Grand Cross of the Order of the Netherlands Lion, His Majesty's Minister of State and for Foreign Affairs, and the Sieur Charles Ferdinand Pahud, Grand Cross of the Order of the Netherlands Lion, His Majesty's Minister for the colonies;
Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles:
Consuls-General, Consuls, and Vice-Consuls of the United &c, admission of, to States of Amerika will be admitted into all the ports in the and colonies of the transmarine possessions or colonies of the Netherlands, which are open to the vessels of all nations.
The Consuls-General, Consuls, and Vice-Consuls of the United States of America are considered as commercial agents, protectors of the maritime commerce of their countrymen, in the ports within the circumference of their consular districts.
Their powers and office.
They are subject to the laws, both civil and criminal, of the country in which they reside, with such exceptions as the present convention establishes in their favor.
To be subject to the laws
Their commissions to be presented.
The Consuls-General and Consuls, before being admitted to exercise their functions, and to enjoy the immunities attached thereto, must present a commission, in due form, to the government of His Majesty the King of the Netherlands.
After having obtained the exequatur, which shall be countersigned as promptly as possible by the governor of the colony, the said Consular Agents shall be entitled to the protection of the government, and to the assistance of the local authorities, in the free exercise of their functions.
The Government, in granting the exequatur, reserves the right of withdrawing the same, or to cause it to be withdrawn by the Governor of the colony, on a statement of the reasons for doing so.
The Consuls-General and Consuls are authorized to place on the outer door of their consulates the arms of their Government, with Inscription on their the inscription: "Consulate of the United States of America." offices.
It is well understood that this outward mark shall never be considered as conferring the right of asylum, nor as having the Not to give the power to exempt the house and those dwelling therein from right of asylum. the prosecution of the local justice:
It is, nevertheless, understood that the archives and documents relating to the affairs of the consulate shall be protected against Archives, &c.. not all search, and that no authority or magistrate shall have subject to search or the power, under any pretext whatever, to visit or seize them, or to examine their contents.
The Consuls-General, Consuls, and Vice-Consuls shall not be invested with any diplomatic character.
Consuls, &c., not to have diplomatic powers, except, &c,
When a request is to be addressed to the Netherlands Government, it must be done through the medium of the Diplomatic Agent residing at the Hague, if one be there.
The Consul may, in case of urgency, apply to the Governor of the colony himself, showing the urgency of the case, and stating the reasons why the request cannot be addressed to the subordinate authorities, or that previous applications made to such authorities have not been attended to.
Consuls-General and Consuls shall be free to establish Vice-Consuls in the ports mentioned in art. 1, and situated in their consular districts.
Vice Consuls may be appointed.
The Vice-Consuls may be taken indiscriminately from among the subjects of the Netherlands, or from citizens of the United States, or of any other country residing, or having the privilege, according to the local laws, to fix their residence in the port to which the Vice-Consul shall be named.
These Vice-Consuls, whose nomination shall be submitted to the ap